5 in excess of 25 percent of the gross estate that the estate tax return reported, and that respondent's notice of deficiency was issued prior to 6 years from the time the estate tax return herein was filed. Petitioner now brings this motion for partial summary judgment, on the ground that the effective statute of limitations herein for the determination of an estate tax deficiency was 3 years, under the general rule of section 6501(a). Since petitioner's motion, if granted, would dispose of the instant case entirely, we shall treat petitioner's motion as one for complete summary judgment. Under Rule 121(b), the Court may consider and dispose of a motion for summary judgment if the facts "show that there is no genuine issue as to any material fact and that a decision may be rendered as a matter of law * * * ". In deciding a motion for summary judgment, however, a Court "must resolve all ambiguities and draw all reasonable inferences in favor of the party against whom summary judgment is sought * * * with the burden on the moving party to demonstrate the absence of any material factual issue genuinely in dispute". Heyman v. Commerce & Indus. Ins. Co., 524 F.2d 1317, 1320 (2d Cir. 1975); United States v. Augspurger, 452 F. Supp. 659, 664 (W.D.N.Y. 1978). See also Estate of Ashenhurst v. Commissioner, T.C. Memo. 1982-102. In making the findings of fact which we have recited above, we have relied solely upon the facts as stipulated by thePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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